Batchelder v. Batchelder
Massachusetts Supreme Judicial Court
Contract for rent. The declaration was as follows : “ And the plaintiff says the defendant owes him ten dollars and forty two cents for the rent of a certain tenement hired of the plaintiff by the defendant.” At the trial in the superior court, the defendant objected that the declaration did not conform to the requisitions of the practice act, and did not sufficiently set forth the ground of the plaintiff’s claim; but the objection was overruled.
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Contract for rent. The declaration was as follows : “ And the plaintiff says the defendant owes him ten dollars and forty two cents for the rent of a certain tenement hired of the plaintiff by the defendant.” At the trial in the superior court, the defendant objected that the declaration did not conform to the requisitions of the practice act, and did not sufficiently set forth the ground of the plaintiff’s claim; but the objection was overruled. The plaintiff offered evidence to prove an offer by the defendant to give his note to the plaintiff for the amount in suit. Wilkinson, J. heard the…
1Opinion of the CourtMetcalf, J.
We understand that the agreement of letting and hiring in this case was not in writing. The defendant was therefore a tenant at will, with the liabilities as well as the rights of other tenants at will; and the jury were correctly instructed that though the agreement was that he might quit when he pleased, yet he was liable for the stipulated rent until he had given to the plaintiff the statute notice of an intention to quit. Gen. Sts. c. 90, § 31. Walker v. Furbush, 11 Cush. 366.
The evidence concerning the defendant’s offer made to the plaintiff, for the purpose of buying peace, was decided…
2Cases cited1 opinion
- Brown v. CowellNew York Supreme Court · 1815
3Cited by1 opinion
- Betz v. MaxwellSupreme Court of Kansas · 1892